Bharat Sharma S/O Babu Lal Sharma vs State Of Rajasthan ...
2023 Latest Caselaw 2787 Raj/2

[2023/RJJP/003987]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 2126/2023

Bharat Sharma S/o Babu Lal Sharma, Aged About 50 Years, R/o
Tiwadiyon Ki Kothi, Village Post Abhaneri, Tehsil Baswa, District
Dausa (Raj.) At Present Residing At House No. A-39 Maharana
Pratap Nagar, Keshav Vidhya Peth, Jamdoli, Jaipur (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Education, Secretariat, Jaipur (Raj.)
2.       Commissioner, Secondary Education, Rajasthan, Bikaner
         (Raj.)
3.       The District Education Officer, Secondary Education,
         Government Of Rajasthan, Jaipur (Raj.)
                                                                 ----Respondents

For Petitioner(s)          :    None present
For Respondent(s)          :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

10/03/2023

1. By way of instant writ petition, petitioner is claiming notional

pay fixation and seniority on the post of Physical Training

Instructor (PTI) Grade III from year 1998-99, from the date of

appointment of other selected candidates pursuant to the same

recruitment process of 1998-99.

2. The petitioner has pleaded in the writ petition that he was

appointed on 18.09.2004 and in view of the judgment in SBCWP

No.4641/2018 titled as (Rajesh Kumar Vs. State & ors.) decided

on 05.03.2018, the petitioner is entitled for notional pay fixation

and seniority, from the date when appointments were accorded

[2023/RJJP/003987] (2 of 2) [CW-2126/2023]

pursuant to the same recruitment process of 1998-99 to other

candidates who stand lower in merit to the petitioner.

3. Petitioner is government servant and the issue raised in the

writ petition regarding seniority and notional pay fall within the

definition of service matters as described in Section 2 (f) of

Rajasthan Civil Services (Service Matters Appellate Tribunals) Act

1976 (hereinafter referred to "the act of 1976"), as such

petitioner has an alternative remedy before the Tribunal. It

appears from the record that petitioner has instituted instant writ

petition without availing the alternative remedy.

4. Therefore, this Court is not inclined to entertain instant writ

petition on merits, however, relegates the petitioner to avail the

alternative remedy before the Tribunal, if he so desires.

5. With aforesaid observations, the instant writ petition is

disposed of.

6. Stay application and other pending application(s), if any,

stand disposed of.

(SUDESH BANSAL),J

TN/1

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